Maa Bhagwati Construction Company vs Superintending Engineer
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Uttarakhand High Court

Maa Bhagwati Construction Company vs Superintending Engineer on 15 March, 2024

     IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL
           HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI
                            15th MARCH, 2024

   ARBITRATION APPLICATION No.94 OF 2023
Maa Bhagwati Construction Company ...Applicant
                       Versus

Superintending Engineer, National Highway Circle, Public
Works Department, Haldwani, District Nainital

                                                        ...Respondent

Counsel for the applicant         :   Mr. Sagar Kothari, learned counsel.

Counsel for respondent            :   Mr. B.S.   Parihar,   learned   Standing
                                      Counsel.

JUDGMENT :

(per Ms. Ritu Bahri, C.J.)

Learned counsel for the petitioner has referred to the agreement dated 21.06.2021, Annexure No.2. At Page No.149 is the clause for arbitration.

2. Learned counsel for the respondent has filed his reply, and he has stated that instead of appointing sole arbitrator as per the terms of the agreement, the Arbitral Tribunal has to be appointed consisting of three Members, and this clause has been made, keeping in view the second arbitration proceeding is to be conducted by a sole arbitrator or a panel of arbitrator. As per the terms of the agreement at Page no.149, if the dispute is not agreed upon, or a settlement is reached between the parties, it will be referred to the Arbitral Tribunal, which can be of sole arbitrator also.

3. Objections have been filed by the respondent. The respondent is not disputing the terms of the agreement - Annexure No.2. Hence, as per the reply, they have not agreed for appointment of sole arbitrator.

4. However, keeping in view that the amount involved is Rupees Three Crore, and as per the definition of Arbitral Tribunal, even a sole arbitrator can be appointed, this Court proceeds to appoint a sole arbitrator.

5. The seat of arbitration will be at Dehradun as agreed between the parties.

6. Accordingly, Hon'ble Mr. Justice Rajesh Tandon, Retired Judge of this Court, is being appointed as the Arbitrator. Consent be sought from the learned Arbitrator as per Section 11(8) of the Arbitration and Conciliation Act, 1996.

______________ RITU BAHRI, C.J.

Dt:15th March, 2024 NR/